L1A vs EB1C

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L1A vs EB1C


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Old 19th June 2019, 09:54 AM
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Default L1A vs EB1C

long story short, I was living in the US for 5 years on an E2 visa. M&A changed the company ownership and E2 requirements were no longer met, meaning a return to the UK.

My company were going to send me back on an L1A (as we have already done for another employee) but we just found out that as a remote employee this wont work (L1A requires a bricks and mortar place of work)

So, they are suggesting an EB1C. From what I understand (confirmed by immigration lawyer) that the requirements for these in terms of Job Experience etc are the same so the work we've already done in terms of preparation and documentation and requirements checking can be transferred. We have been careful in ensuring I meet the requirements.

The only downside is that instead of the application process being a couple of weeks for the L1A, it is 8 months for an EB1C.

We may be able to apply for a special business concession visa that will allow me to return 'home' to the US while the EB1C application is going through.

but...am I missing anything obvious here? any pitfalls or things I should be aware of?

If I understand correctly, I can apply for a green card from the EB1C? or is it actually a greencard itself?

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Old 19th June 2019, 11:35 AM
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It's an Employment Based Green Card. Like for Nobel prize winners. ;-)

Don't think lightly about the requirements. You will need a lot of accolades.
https://www.uscis.gov/working-united...reference-eb-1

I don't know where the 'C' comes in... As far as I know, it's EB-1, EB-2, EB-3. But I am not a specialized immigration lawyer.

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Old 19th June 2019, 01:37 PM
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This is the USCIS page on the EB1 visas (including the EB1-C). I notice lots of immigration agencies have information on this visa - like how "easy" it should be to get. But I'd check what CIS has to say about it first.

The key thing is that you need to have been employed by the employer overseas for one year out of the 3 years immediately prior to them filing the petition. You don't mention the timing on all this, but that's one "gotcha" I'd be wary of.

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Old 19th June 2019, 02:21 PM
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the 1 year things has been covered. I left the US last year and knew that I'd need a 1 year employment history for the L1. We've worked through the same immigration lawyers for the last 9 years.

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Old 9th July 2019, 01:50 PM
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so just to keep people up to date. the EB1C application will be going ahead - can't submit the application until August 13th since that's the date of my 12 months of being in the UK (plus the 12 days I spent in the US last November).

While the EB1C application is being processed (8 months or so), we will be applying for a Special Business Concession visa which will allow me to return 'home' to the US and work etc. During this time, I will still be employed by the UK company, getting paid in the UK etc. I will transfer to the US company once the EB1C is approved (so far no reason to suggest otherwise)

Sadly, because of the business concession visa status, I wont be able to apply for a mortgage and will have to rent until I can get the EB1C.

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